Privacy Shield-Compliant Privacy Policy

Disclaimer: phoenixNAP LLC (“phoenixNAP”) is committed to uphold the highest ethical standards in its business practices and strives to collect, use and disclose personal information in a manner consistent with the laws of countries in which it does business.

This Privacy Shield-compliant Privacy Policy sets forth the privacy principles that phoenixNAP follows with respect to personal information transferred from the European Economic Area (EEA) (which includes the twenty-eight member states of the European Union (EU) plus, Iceland, Liechtenstein and Norway) to the United States.

PhoenixNAP complies with the EU – U.S Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States.

PhoenixNAP has certified that it adheres to the Privacy Shield principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement and Liability within the scope of its Privacy Shield certification. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view phoenixNAP’s certification, please visit the https://www.privacyshield.gov page.

PhoenixNAP’s participation in the Privacy Shield applies to all personal data that is subject to the phoenixNAP Privacy Agreement and is received from the European Union and European Economic Area. PhoenixNAP will comply with the Privacy Shield principles in respect of such personal data. Please refer to this phoenixNAP Privacy Agreement for further information on data collection and use. In addition, certain personal information may be subject to more specific privacy policies of phoenixNAP, which are also consistent with the requirements of the EU – U.S Privacy Shield Framework.

PhoenixNAP collects the following data and lists the purpose of collection:

Data

Purpose

First name

Marketing, Billing/Account Provisioning, Biometric Enrolment

Last name

Marketing, Billing/Account Provisioning, Biometric Enrolment

Company name

Marketing, Billing/Account Provisioning, Biometric Enrolment

Email address

Marketing, Billing/Account Provisioning, Biometric Enrolment

Corporate physical address

Billing/Account Provisioning, Biometric Enrolment

Corporate phone number

Billing/Account Provisioning, Biometric Enrolment

Iris scan

Biometric Enrolment

Vascular scan

Biometric Enrolment

Driver’s license/Photo ID

Facility Access

PhoenixNAP may share its marketing data with partners within its ecosystem that includes VMware, Microsoft, Veeam, Brocade, Intel, Nimble, SuperMicro and Micron. This data can be shared by 3rd party automation and CRM systems, mainly Salesforce and Hubspot.

PhoenixNAP also may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.

If phoenixNAP ever were to engage in any onward transfers of personal data with third parties for a purpose other than which it was originally collected or subsequently authorized, we would provide data subjects with an opt-out choice to limit the use and disclosure of your personal data.

PhoenixNAP’s accountability for personal data that it receives under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, phoenixNAP remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless phoenixNAP proves that it is not responsible for the event giving rise to the damage.

PhoenixNAP acknowledges that EU individuals have the right to access the personal information that we maintain about them. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data, should submit a written request to the Chief Legal Officer, whose contact information is listed below. If requested to remove data, we will respond within a reasonable timeframe.

In compliance with the Privacy Shield Principles, phoenixNAP commits to resolve complaints about your privacy and our collection or use of your personal information. European Union individuals with inquiries or complaints regarding this privacy policy should first contact phoenixNAP directly, whilst directed to the Chief Legal Officer:

PhoenixNAP has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.

If your complaint is not satisfactorily addressed, and your inquiry or complaint involves human resource data transferred from the EU in the context of the employment relationship, you may have your complaint considered by an independent recourse mechanism: for EU/EEA Data Subjects, a panel established by the EU data protection authorities (“DPA Panel”). To do so, you should contact the state or national data protection or labor authority in the jurisdiction where you work. phoenixNAP agrees to cooperate with the relevant national DPAs and to comply with the decisions of the DPA Panel.

Should your complaint remain fully or partially unresolved after a review by phoenixNAP, BBB EU Privacy Shield and the relevant DPA, you may be able to, under certain conditions, seek arbitration before the Privacy Shield Panel. For more information, please visit www.privacyshield.gov.

PhoenixNAP is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).